BPAI Considers Whether a Purchased Publication is Publicly Available
In preparing a request for reexamination, often times, user manuals and other proprietary documents are uncovered. As discussed back in March, the degree of public accessibility
of such references is key to determining whether...

The U.S. Patent and Trademark Office (USPTO) currently is reviewing public commentary concerning the agency's proposed rules for third-party prior art submission under the Leahy-Smith America Invents Act (AIA). If implemented on September 16, 2012 as proposed, these new rules will apply to all pending...

By Kendrew H. Colton
On July 27, 2012, in In re Antor Media Corporation , the Federal Circuit held in a case of apparent first impression that a prior printed publication cited as prior art by a patent examiner is presumptively enabling, absent any showing to the contrary by a patent applicant or...

CBM Statute Inadvertently Excludes Best Source of CBM Prior Art
In fashioning the Covered Business Method (CBM) statutes of the America Invents Act (AIA), Congress was sensitive to the resources of the USPTO. That is, Congress realized that certain types of ”secret prior art” would be...